Oracle America, Inc. v. Innovative Technology Distributors, LLC

Filing 133

Order by Hon. Lucy H. Koh granting (119) Administrative Motion to File Under Seal in case 5:11-cv-01043-LHK.Associated Cases: 5:11-cv-01043-LHK, 5:11-cv-02135-LHK(lhklc3, COURT STAFF) (Filed on 4/5/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13
14
15

ORACLE AMERICA, INC.,
Plaintiff,
v.
INNOVATIVE TECHNOLOGY
DISTRIBUTORS, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No.: 11-CV-01043-LHK
Related Case No: 11-CV-02135-LHK
ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
(re: dkt. #109, 119)

16
17

On February 1, 2012, Plaintiff filed an Administrative Motion to File Under Seal Oracle’s

18

Renewed Motion to Compel Production of ITD’s General Ledger (“Sealing Motion”), seeking to

19

file under seal the following: (1) portions of Oracle’s letter brief in support of Oracle’s motion to

20

compel production of ITD’s general ledger; (2) Exhibits A through C attached to the Declaration of

21

Robert Friedman in Support of Oracle’s Renewed Motion to Compel Production (“Friedman

22

Declaration”); and (3) portions of the Declaration of James Pampinella in Support of Oracle’s

23

Renewed Motion to Compel Production (“Pampinella Declaration”). See ECF No. 109. Because

24

these documents are designated confidential by ITD, the Court ordered ITD to file a declaration in

25

compliance with Local Rule 79-5(d) stating the basis for asserting each document’s confidentiality.

26

See ECF No. 118. Pursuant to that Order, ITD filed a response, ECF No. 119, supported by the

27

Declaration of Vincent James Spinella (“Spinella Decl.”), ECF No. 119-1.

28

1
Case No.: 11-cv-01043-LHK
Related Case No.: 11-cv-02135-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1

Where, as here, a party seeks to seal documents attached to a non-dispositive motion, the
Ninth Circuit requires a showing of good cause to justify the sealing of those documents.

3

Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). In addition, the

4

Civil Local Rules of this Court require that all requests to file under seal be “narrowly tailored to

5

seek sealing only of sealable material.” Civ. L. R. 79-5(a). ITD claims that good cause exists to

6

seal the material requested because the letter brief in support of the Motion to Compel, the

7

materials attached to Exhibits A to C of the Friedman Declaration, and the Pampinella Declaration

8

all contain confidential information concerning ITD’s internal financial statements, financial

9

condition, its customer and lender relationships, expenditures, and employee compensation. See

10
United States District Court
For the Northern District of California

2

Spinella Decl. ¶¶ 3, 5-8. ITD further claims that it keeps this information confidential and would

11

be harmed if the information were to be made publicly available. Id.

12

The Court agrees that the portions of the letter brief, Pampinella Declaration, and the

13

exhibits attached to the Friedman Declaration that Oracle seeks to file under seal consist of such

14

confidential information, and furthermore finds that Oracle has narrowly tailored its proposed

15

redactions to encompass only such confidential information. Thus, the Court finds good cause to

16

seal these documents, and GRANTS Oracle’s motion to file under seal.

17

IT IS SO ORDERED.

18
19
20

Dated: April 5, 2012

_________________________________
LUCY H. KOH
United States District Judge

21
22
23
24
25
26
27
28

2
Case No.: 11-cv-01043-LHK
Related Case No.: 11-cv-02135-LHK
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL